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    Is the way we test capacity for Wills right?

    By Kaitlyn Sheridan on Jul 22, 2020 12:56:55 PM

    In an ageing and growing population with life expectancy increasing, it is becoming more and more crucial to test someone's decision-making capacity in the making of Wills. The foundational test for testamentary capacity is found in the case of Banks v Goodfellow (1870) LR 5 QB 549 which is a case from 150 years ago. In light of recent trends in the population and aged care living, it is essential to review whether the test set out in this case is still applicable, or whether a new test for capacity is needed to meet the current circumstances.

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    The foundations of Estate Litigation

    By Andrea Harrold on Mar 18, 2020 11:59:04 AM

    Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.

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    Who can dispute a Will?

    By James Frank on Feb 21, 2020 11:00:57 AM

    The Succession Act 2006 (NSW) is the piece if legislation that deals fundamentally with the affairs of an individual surrounding the act of succession, that is passing of property to another.

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    Can your former partner take your inheritance?

    By Karla Elias on Oct 11, 2019 4:18:47 PM

    Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.

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    Can handwritten notes on a Will be valid?

    By Andrew Frank on Sep 6, 2019 12:57:46 PM

    The recent decision of Estate of the late James Sundell [2019] NSWSC 1108 highlights the issues and complexities that surround making handwritten amendments to a Will after it has already been signed.

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    When a Will is made in suspicious circumstances

    By Andrew Frank on Aug 22, 2019 5:10:00 PM

    If you are concerned that a Will was signed in suspicious conditions, you are able to challenge it. The NSW Court of Appeal in its recent decision of Mekhail v Hana; Mekail v Hana [1] had reason to consider this question and identified the major legal principles to be considered for a suspicious Will.

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    Succession Planning and Company Constitutions

    By Andrew Frank on Jul 31, 2019 11:53:10 AM

    There is much more to succession planning than simply putting in place a generic Will, and a Power of Attorney and Guardianship appointment document.

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    What to do when an Executor puts the Estate in jeopardy

    By Andrew Frank on Jun 6, 2019 11:08:10 AM

    The sense of loss and grief after losing a loved one is heightened when the Executor seems to be unwilling or is unable to process the Will by applying for the grant of probate. A delay can see the assets devaluing.

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    4 Benefits of a Testamentary Trust Will

    By Andrew Frank on May 21, 2019 4:16:00 PM

    A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.   

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    Why we don't recommend Mutual Wills

    By Andrew Frank on May 20, 2019 12:32:37 PM

    What is a Mutual Will?

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